CC Resolution 1999-114d_] RESOLUTION NO.99-114
THE CITY COUNCIL OF THE CITY OF LA QUINTA
DECLARING THE PUBLIC INTEREST AND NECESSITY OF
ACQUISITION OF PORTIONS OF PROPERTY LOCATED IN
THE CITY OF LA QUINTA, CALIFORNIA, IDENTIFIED AS
ASSESSOR?S PARCEL NO. 769-290-010, FOR THE
PURPOSES OF WIDENING AND IMPROVING JEFFERSON
STREET
WHEREAS, the City of La Quinta has been investigating the acquisition of
various interests in property, including a permanent, perpetual easement in property
located in the City of La Quinta and identified as Assessor Parcel No.769-290-010,
for the purposes of widening and improving the roadway on Jefferson Street from
Avenue 54 to Highway 111, a distance of approximately 3.5 miles, as part of the
Jefferson Street Widening Project; and
WHEREAS, on September 7, 1 999, after no less than 1 5 days written notice
to the record owner of the property referenced above and more specifically described
and depicted in the legal description and sketch attached hereto as Exhibits A" and
B", respectively, which legal description and sketch are incorporated herein by
reference, the City Council of the City of La Quinta held a hearing for the purpose of
allowing the record owner of the property a reasonable opportunity to appear and be
heard on the following matters:
A. Whether the public interest and necessity require the project;
B. Whether the project is planned or located in a manner which is most
compatible with the greatest public good and the least private injury;
C. Whether the property proposed to be acquired is necessary for the
project; and
D. Whether the offer required by Government Code Section 7267.2 had
been given; and
whether the City had properly exercised all of its statutory responsibilities and duties
antecedent to the exercise of eminent domain against the Property; and
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d_]Resolution 99-114
Jeff. St.ILichIiter
Resolution of Necessity
Adopted: September 7, 1999
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WHEREAS, the City Council, as a result of such hearing, has determined that
the public health, safety, and welfare require that the City acquire various interests
in the Property more particularly described herein the Property"), for the purposes
of widening and improving Jefferson Street including, but not limited to, the addition
of up to two through travel lanes in each direction to provide a maximum six-lane
facility) and the construction of raised landscaped medians; and
WHEREAS, the Project for which the Property to be acquired is sought has
previously been reviewed under applicable environmental review procedures, including
a Mitigated Negative Declaration of Environmental Impact for Environmental
Assessment 99-378, approved May 1 8, 1 999 in which the City determined that, after
the implementation of identified mitigation measures, the Project created no
significant environmental impacts; and
WHEREAS, the City of La Quinta is authorized to acquire the Property under
authority of its own charter, and Government Code 37350.5 and 40404; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Quinta, California, that the City Council does hereby find, determine and declare upon
evidence presented to the City Council as follows:
Section 1: The Project for which acquisition of the Property is required
consists of the widening and improving of Jefferson Street between Avenue 54 and
Highway 111, including installation of raised landscaped medians.
Section 2: The property to be acquired is located within the City of La Quinta,
County of Riverside, State of California, and is located on Jefferson Street, and
otherwise identified as Assessor's Parcel No.769-290-010. The portions of Property
the City seeks to acquire, and the Property interests sought, consist of the following:
A. A perpetual, exclusive easement for public right of way and
roadway purposes, including all use of the Condemnation Parcel
for purposes incident to use of property for a public right of way,
including but not limited to the construction, maintenance, and
operation of a roadway, underground and above-ground utilities,
and appurtenances, cable, communication, or telecommunications
facilities, signage, traffic control devices, curbs, gutters,
sidewalks, and transportation facilities such as bus bays,
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d_]Resolution 99-114
Jeff. St./Lichliter
Resolution of Necessity
Adopted. September 1999
Page 3
or bus or train stops, over approximately 293 square feet of the
Property more specifically described and depicted in Exhibits A-i"
and A-2" attached hereto.
B. A Temporary Construction Easement in and over approximately
6,646 square feet of the Property, more specifically described and
depicted in Exhibits 8-i" and B-2" hereto. The scope and terms
of the Temporary Construction Easement shall consist of the
interests described below:
A nonexclusive easement which permits the City of La Quinta, its
officers, agents, employees, and contractors, to enter upon,
occupy, and pass over the temporary construction easement area,
more specifically described in the legal description attached as
Exhibit B-i" Easement Area") as deemed reasonably necessary
for all purposes incidental to reconstructing and widening
Jefferson Street in accordance with the approved street
construction the Project"). The temporary construction
easement shall include the right to perform any necessary
excavation; grading; earth fill; compaction; installation of concrete
forms; landscaping; irrigation; utility; and sign relocation;
accommodation of private drainage facilities; and deposit of tools,
equipment and material for all such necessary activities which are
reasonably incidental to the work being performed on said property
in connection with the Project.
Such incidental activities shall include, but not be limited to,
adjusting grade differentials between the planned street and the
adjoining real property and/or matching existing concrete and/or
asphalt paved areas, and/or natural grade areas, or such work as
may pertain to on-site improvements to render the temporary
construction easement area or the larger parcel to which it pertains
in the same functional condition as reasonably practicable to the
condition before the Project in terms of access, irrigation, and
connection of public right of way improvements to the larger
parcel.
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Jeff. St./Lichliter
Resolution of Necessitv
Adopted: September 7, 1999
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The rights granted hereunder shall commence fourteen 14) days
after written notification to the property owner, and shall continue
in full force and effect until twelve 12) months after notice.
Upon termination of the temporary construction easement, the
Easement Area shall be restored to a condition that is functionally
equivalent as is practicable to its condition prior to the
commencement of the work.
Section 3: The public interest and necessity require the Project, in that the
City's General Plan, specifically the Circulation Element, calls for the widening and
improvement of Jefferson Street in the manner contemplated by the Project. In
addition, the Jefferson Street roadway widening is designed to widen the roadway
with the addition of up to two through travel lanes in each direction to provide for
a maximum six-lane facility) and the construction of raised landscaped medians.
Section 4: The Project is located in a manner most compatible with the
greatest public good and least private injury, in that the design of the roadway
widening must of necessity occupy land which is immediately adjacent to the existing
roadway, in order to improve the continuity of the alignment of the road to improve
the traffic flow capacity along this segment of Jefferson Street. The project is
designed in a manner compatible with the greatest public good, in that the Project will
involve roadway widening and improvements which will allow for the addition of up
to two through travel lanes in each direction which will improve the levels of service
and associated idling, thereby, decreasing pollutant emissions and, with the
improvements in place, public services will be enhanced by improved police and fire
response times. The Project will result in the least private injury in that, where
possible consistent with safe roadway design restrictions, the property chosen for
potential acquisition was done so to minimize the number of property owners
affected, and to avoid impacts to existing residences.
Section 5: The Property to be acquired is necessary for the Project, in that the
contemplated roadway widening and improvement must occur on property
immediately adjacent to the existing roadway to insure the continuity of the roadway
alignment to accommodate increased traffic handling capacity of the roadway.
Section 6: The offer required by Government Code Section 7267.2 has been
made to the record owner on August 5, 1 999. The City's acquisition agent has
attempted to negotiate with the record owner subsequent to this offer, but such
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d_] Resolution 9?-1 14
Jeff. St.lLichliter
Resolution of Necessity
Adopted.' September 7, 1999
Page 5
negotiations have not proved successful in securing the necessary property interests
outside of more formal proceedings.
Section 7: To the extent any of the property to be taken herein is devoted to
a public use, the City finds that the proposed use for the Project is compatible with,
or more necessary to, such public use, and that the City is authorized to acquire the
Property pursuant to Code of Civil Procedure 1240.510 and 1240.610.
Section 8: The Project has been reviewed and approved under the California
Environmental Quality Act by way of approval of a Mitigated Negative Declaration of
Environmental Impact for Environmental Assessment 99-378, approved May 18,
1 999, and the City Council finds and determines that since the time of that
certification there have been no subsequent changes with respect to the circumstances
under which the Project is to be undertaken, no new information of substantial
importance regarding significant effects or mitigation measures or alternative which
has become available, and no subsequent changes have been proposed in the Project
which would require important revisions to the previous environmental impact reports,
such that no further environmental review attending this proposed acquisition is
necessary.
Section 9: The project has been reviewed and approved by the Planning
Commission, and is in conformance with the General Plan.
Section 1 0: The City Council hereby declares it is its intent to acquire a
permanent, perpetual easement in a portion of the above-referenced Property, as more
particularly described in Exhibit A-i" attached hereto and a temporary construction
easement in a portion of the above-referenced Property, as more particularly described
in Exhibit B-i" attached hereto, in the City's name in accordance with the provisions
of the laws of the State of California.
Section ii: The law firm of Rutan & Tucker, LLP, City Attorney for the City of
La Quinta?("City Attorney") is hereby authorized and directed to prepare and prosecute
in the name of the City such proceedings in the Court having proper jurisdiction
thereof, as may be necessary for the acquisition of the Property described herein, and
to prepare and file such pleadings, documents, and otherwise prosecute such actions
as may be necessary in the opinion of such attorneys to acquire for the City the
Property. Such attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of
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d_]Resolution 99-114
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Resolution of Necessity
Adopted: September 7, 1999
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of California, including, but not limited to, seeking orders for prejudgment possession
of the property.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 7th day of September, 1 999, by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
PENA,ayor
City of La Quinta, California
AUNDRA L J LA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. Attorney
City of La Quinta, California
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d_] EIHIBIT A"
LEGAL DESCRIPTION
RIGHT-OF-WAY
ARN 769-290?01O):
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7
EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-
WAY LINE OF 53ftD AVENUE AS DESCRIBED IN DEED RECORDED AUGUST 28,
1950 IN BOOK 1200, PAGE 259, O.R., AND THE EASTERLY RIGHT-OF-WAY LINE
OF JEFFERSON STREET AS DESCRIBED IN INSTRUMENT NO. 200785,
RECORDED JUNE14, 1991, OR.;
THENCE NORTH 02?12'15' WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 24.22 FEET;
THENCE SOUTH 46?i9'56? EAST, A DISTANCE OF 34.77 FEET TO A POINT ON
SAID NORTHERLY RIGHT-OF-WAY LINE OF 53RD AVENUE;
THENCE SOUTH 89o32?23N WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
A DISTANCE OF 24.22 FEET TO THE POINT OF BEGINNING.
COMPRISING 293 SQUARE FEET, MORE OR LESS.
022
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d_] I' \ EXHIBIT A''
0
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II
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759-2g0-o1o
PTR 2O9B45? a N
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ii PR. 15'
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w AREA OF PROPOSED
I RIW 293 S.F.
60' A PORTION OF THE
II
I? NW 1/4 OF SEC. 9?
SW i/4 OF SW i/4 OF
OO T.B S.. R.7 E..
S.B.M.
if *No? S 45 1g?55?E
II N'LY RIW PER DEED
cc I RECi B-?B-50. IN BK.
Ol 1200. PG. 259. 0.R.
a) II
4.22? 0
i I S 89?32'23?W m
Ii C,'L 53RD AVENUE
II
0
+
0
C,,
ii?\\.----------------------------- A--ha A S. Ar' AU
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d_] Robert Bein, William Frost and Associates
74-410 Highway 111
Palm Desert, CA 92260
August 3, 1999
JN 20-301477
Page 1 of2
EXHIBIT Bi"
Ie?al Description
Temporarv 15' Construction Easement
APN 769-290-010
In the City of La Quinta, County of Riverside, State of California, that portion of the
Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township
6 South, Range 7 East, S.B.M., more particularly described as follows:
Commencing at the point of intersection of the Northerly Right-of-Way line of 53rd Avenue
as described in deed recorded August 28, 1950 in Book 1200, Page 259, O.R., and the Easterly
Right-of-Way line of Jefferson Street as described in Instrument No.200785, recorded June
14, 1991, O.R.;
thence North 02 12' 15" West along said Easterly Right-of-Way line, 24.22 feet to the true point
of beginning;
South 46?19'56" East, 34.77 feet;
thence North 89?32'23" East, 21.54 feet;
thence North 4601915611 West, 44.15 feet;
thence North 02012?1511 West, 400.26 feet;
thence South 8903515811 West, 15.01 feet;
thence South 02?12'15" East4O6.81 feet to the true point of beginning.
Containing 6,646 square feet, more or less.
024
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EXHIBIT B2"
A PORTION OF THE
i/ SW 1/4 OF SW 1/4 OF
NW 1/4 OF SEC. 9,
T. 6 S., R. 7 E.
S. B. M.
00+ ATREA OF PROPOSED
CE 6646 5. F.
COURSE TABLE
NO BEARING DISTANCE
I
Li N89?32'23"E 21.54'
L2 N46?19'56"w 34.77'
L3 S02?12'15"E 406.51'
U L4 S89?35'55?W 15.01'
Ld
L5 N02'12'15"W 400.28'
L6 N46?19'56"W 44.15' E
769-290-010
/7 PTR 2099465
In LICHLITER
PR. 15'
z
ESMT.
Ld
LIJ
d
60'
N
U,
0 Cu
0 c'jCU
+
m
z
0
6' N'LY RIW PER DEED
7
7 REC/ 9-29-50' IN BK
1200, PG. 259, a. R.
Li
La
V)
N99?32'23'E 53RD AVENUE
SHEET 2 1F 2 SHEET
a-od?
i
SCALE IELD BflOK
AUGUST 2, 1999 1"=40' 301477
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